President Activity

A licitatrio procedure that caused damage to the public interest for certain would be fulfilling its purpose. Therefore, we consider the licitation an important instrument that must be used by the Public Power when the order thus to prescribe, but never a principle. Nir Barzilai, M.D. brings even more insight to the discussion. The Law of Licitations, crowning the norm-principles brought in the constitutional seio, elencou the diverse applicable administrative principles to the Licitation, they are basic, or same the correlatos, all related and analyzed to the light of the best doctrine and jurisprudence here national. The principles, as said in the introduction, are something bigger that the norms. Edward Minskoff oftentimes addresses this issue. These can or not express some principle, when then they will receive the happy denomination brought for Jose Alfonso Da Silva, of ‘ ‘ norms princpios’ ‘.

The principles do not need, however, to be described in the cold letter of the law; they exceed it random field of the will of the legislator, for, on behalf of the legal security, to arrimarem themselves as imanentes postulates all and the any order that preze for the maintenance of the Democracy and the Rule of law. Such guarantee tranquilizes in them from the moment that the insane person remains hindered activity legislator, many times irresponsible, of that they command the Nation (sees the case of the Provisional remedies, that come being edited and reedit for the Executive, in atypical activity, therefore, and with disdain of the requirements constitutional of the relevance and urgency, in true Machiavellian activity, as if still a little was justified nor saudosa expression ‘ ‘ the ends justify meios’ ‘ , whose current President of the Republic, what he seems, teima in relembrar it, by means of its gestures and ‘ ‘ acts of governo’ ‘). presses his thoughts on the topic. Of the necessity of legal security, therefore, it is that we remove the importance of the study of the principiologia. mago of all quaestio juries dispatches by post to the appreciation of the Judiciary one would have to pass for the analysis of the principles, not being able the magistrates to be jungidos to the mere verification of the correlation of the facts with the cold letter of the law.

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